Overview
- The IMSS-Bienestar case against Viva Enterprises seeks recovery of roughly $41.1–$41.4 million plus interest for 650 ventilators that were paid for but not delivered.
- Officials said the evidentiary phase wraps up in November, with a first court session in December 2025 and a trial expected to begin in the second half of January 2026, lasting about two weeks.
- INSABI paid $59.2 million up front in April 2020 for 1,000 units; Viva returned about $17.7 million (equivalent to 300 units) and delivered 50, leaving 650 outstanding.
- A 2021 criminal complaint filed with Mexico’s Fiscalía General de la República remains open, while the civil action in London is being handled by the firm Peters & Peters.
- Separately, Cofepris is investigating safety issues tied to certain Philips ventilators after a 2021 FDA alert, as a new collective lawsuit in Mexico alleges ongoing use and patient harm, and authorities report reverification of market withdrawal.